Aquisition And Adverse Possession

Question 1

How to gain property right to wild animal: 2 ways

Answer 1

1) the animal resides on your land (ratione soile)
2) mortal wounding or otherwise depriving it of its natural liberty (Post)

Question 2

One may not [ ] interfere with another’s lawful business

Answer 2

Maliciously

Question 3

Right to a design

Answer 3

One only acquires a property right over that which “embodies the fruit of their own invention.”
Encourages competition in the market and lowers prices for consumers, ensures quality.

Question 4

A quasi property right may be recognized where

Answer 4

Effort and capital have been expended

Question 5

Trover=
Replevin=

Answer 5

Money
Actual item

Question 6

Adverse possession: elements

Answer 6

1) actual entry giving exclusive possession
2) open and notorious
3) adverse under a claim of right
4) continuous for statutory period

Question 7

When does the the adverse possession action begin to accrue

Answer 7

Upon entry to the land

Question 8

When does an adverse possession of a chattel action accrue

Answer 8

Upon expiration of the statute of limitations, complying with the discovery rule

Question 9

1) actual entry giving exclusive possession

Answer 9

Physical presence upon the land. Don’t share it with anyone and make effort to keep others off

Question 10

Open and notorious

Answer 10

Not secret. Possession is of such a nature that the true owner knew or should have known that the adverse possessor was there

Question 11

Adverse under a claim of right

Answer 11

Without consent. Intent to hold property as own and to make use of it as the true owner would.

Question 12

Continuous for statutory period

Answer 12

Uninterrupted possession for the required time. Need not be all the time, but occupied as the true owner would

Question 13

Effect of return of true owner

Answer 13

If the true owner returns to the property, even when unaware of the possession, the statutory period resets

Question 14

Color of title

Answer 14

A defective deed or written instrument upon which the claim to the land is based. Advantageous for adverse possessor

Question 15

Advantage of color of title

Answer 15

Physical occupation of part of the land confers right to the whole described in instrument

Question 16

Tacking

Answer 16

Adding the prior owner’s time of occupation to one’s own to satisfy the element. Requires privity

Question 17

Privity

Answer 17

A legal relationship between parties

Question 18

Types of Privity

Answer 18

1) Privity of Contract-parties have a contract which allows them to sue each other but does not allow suit by third parties (purchase agreement)
2) Privity of Estate-mutual successive relationship, donor/donee
3) Privity of Possession-successive possession of property (permission). Requires some type of contact, even informal

Question 19

Tolling

Answer 19

Statue does not run or reset when forced off of land, unless true owner returns

Question 20

You have the same property rights as the

Answer 20

Person you stole from. If they only had a life estate, you will only have a life estate.

Question 21

Disability: types and effect

Answer 21

1) Prison, 2) unsound mind, or 3) under age of majority. Where true owner had a disability at the time possession began, they will have more time (allocated by statute) within which to bring action.

Question 22

You cannot adverse possess against [ ] unless

Answer 22

The government
They act in a proprietary manner